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april 1964

Supreme Court of India · 1964-04-15

RUP CHAND GUPTA vs RAGHUVANSHI PRIVATE LIMITED & ANR.

Citation / case number
SC 1964/90261
Court
Supreme Court of India
Petitioner
RUP CHAND GUPTA
Respondent
RAGHUVANSHI PRIVATE LIMITED & ANR.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that the absence of a party from a suit does not constitute collusion unless it is proven that the agreement to not defend was made with a dishonest intent. The Court clarified that a landlord can sue a lessee without impleading a sub-lessee, and such a decree binds the sub-lessee. The appellant's claim of collusion was rejected as he failed to prove any improper conduct, and the appellate court's decision was upheld.

RUP CHAND GUPTA vs RAGHUVANSHI PRIVATE LIMITED & ANR. · Niyam